Separated But Still Under One Roof: Counting The Six-Month Clock In A Maryland Divorce

Selling a house, breaking a lease, or paying for two homes on one income is not realistic for every couple whose marriage has ended. Maryland law does not require one spouse to move out before the separation clock starts.

What the Statute Says

Maryland’s divorce law changed on October 1, 2023, and the separation ground now appears in Md. Code, Family Law § 7-103(a)(1). It requires that the parties have lived separate and apart for six months without interruption before the filing of the application for divorce. Subsection (b) speaks to the housing question directly. Parties who have pursued separate lives are deemed to have lived separate and apart even if they reside under the same roof, or if the separation is in accordance with a court order.

Articles written before the 2023 change may describe a different separation ground, so the current text is the safer reference.

Separate Lives, Not Separate Addresses

The Maryland Judiciary’s divorce page puts it plainly: spouses can still live under the same roof but must pursue separate lives. The statute does not spell out what pursuing separate lives looks like in a shared home. Whether a particular household meets that standard is a question of facts, and a court would be the one to weigh them.

The Clock Must Run Without a Break

The six months must pass without interruption before the divorce application is filed. The statute does not define what counts as an interruption, which is another reason the details of a household matter. A couple that is unsure whether the clock has been running cleanly has a real question to examine, not a technicality.

No Formal Legal Separation

Some people expect to file something with the court to start the clock. According to the Maryland Judiciary, there is no such thing as a “legal separation” in Maryland. Living separate lives for at least six months is what supports the ground of six-month separation. The Judiciary adds that a separation can also be based on a court order, such as a protective order, which tracks subsection (b)(2).

One Ground Among Three

Six-month separation is one of three grounds for absolute divorce, alongside irreconcilable differences and mutual consent. Each has its own requirements, and the separation ground is simply the one that depends on how the spouses have lived.

Couples who are working out how the six-month clock applies to a shared home can speak with our Bel Air divorce lawyers at Schlaich & Thompson, Chartered. Give us a call, and we will talk through how Maryland’s rules fit your circumstances.

Source:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=7-103